Overview
The PIL filed by Reepak Kansal (W.P.(C) No. 509/2026) before the Supreme Court seeks a comprehensive framework to rescue, identify and rehabilitate missing and trafficked children. The petition urges the creation of a National DNA and Biometric Identification System with statutory safeguards, mandatory DNA sampling, and integration of existing child‑protection databases.
Key Developments
- The bench comprising CJI Surya Kant and Justice Joymalya Bagchi asked the petitioner to propose concrete solutions rather than merely pointing to existing government mechanisms.
- The petition demands mandatory DNA verification of children proposed for adoption to curb illegal adoptions and trafficking.
- It calls for the integration of databases of police records, shelter homes, Child Welfare Committees, and Anti‑Human Trafficking Units into a real‑time national platform.
- Proposes the constitution of a Task Force for mandatory interstate coordination.
- Requests a Standard Operating Procedure (SOP) for DNA testing, reunification, compensation and long‑term monitoring.
- Mandates periodic compliance affidavits from respondents detailing missing‑child statistics, DNA samples collected and matches found.
Important Facts
- Current legal framework lacks a unified DNA database for children, leading to fragmented investigations.
- Adoption processes often proceed without scientific verification of a child’s identity, increasing the risk of illegal adoptions.
- Existing child‑protection databases operate in silos, hindering rapid information sharing across states.
- The petition emphasizes privacy‑compliant protocols, acknowledging concerns over data misuse.
Exam Relevance
The case illustrates the intersection of judicial activism and child‑rights legislation. Aspirants should note how the Juvenile Justice Act may be amended to incorporate DNA verification. The proposal also touches upon data‑privacy norms, linking to the PDPA. Understanding the role of inter‑agency coordination (Task Force) helps in answering questions on federal‑state cooperation and administrative reforms.
Way Forward
- Draft a legislative amendment to the Juvenile Justice Act mandating DNA sampling and verification for all adoption cases.
- Set up the DNA‑Biometric System under the Ministry of Home Affairs with strict privacy safeguards.
- Integrate existing child‑protection databases into a unified platform, ensuring real‑time data exchange between police, shelters, CWCs and Anti‑Trafficking Units.
- Form the Task Force chaired by senior officials from the Ministry of Women & Child Development and the Ministry of Home Affairs.
- Publish a detailed SOP outlining DNA collection, testing, consent protocols, and post‑reunification monitoring.
- Require periodic compliance reports to the Supreme Court to ensure accountability and track progress.
By addressing these gaps, the government can strengthen child‑protection mechanisms, curb illegal adoptions and enhance inter‑state coordination, aligning with India’s commitments under international child‑rights conventions.